Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish; July through December Season, 90751-90752 [2016-30137]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations
be honored, the FOIA Officer must
inform the requesting party in writing of
this decision and such letter shall
contain a detailed explanation of why
the requested material cannot be made
available and explain the requesting
party’s right of appeal.
(b) Appeal. If the FOIA Officer rules
that such records cannot be made
available because they are exempt under
the provisions of 5 U.S.C. 552(b), an
appeal from such ruling may be
addressed to the Chairman. The
Chairman’s decision shall be
administratively final and shall state the
specific exemption(s) contained in 5
U.S.C. 552(b) relied upon for any denial.
Such an appeal must be filed within 90
days of the date of the FOIA Officer’s
letter. The Chairman shall act in writing
on such appeals within 20 days
(excepting Saturdays, Sundays, and
legal public holidays) of receipt of any
appeal. In unusual circumstances, as set
forth in 5 U.S.C. 552(a)(6)(B), the time
limit may be extended, by written notice
to the person making the particular
request, setting forth the reasons for
such extension, for no more than 10
working days. If the appeal is denied,
the Chairman’s order shall notify the
requesting party of his or her right to
judicial review. Charges shall be made
as provided for in 49 CFR 1002.1.
(c) Alternative dispute resolution
services. Requesters may seek dispute
resolution services from:
(1) The Board’s FOIA Public Liaison
by Email at FOIA.Privacy@stb.gov or by
mail, telephone, or facsimile as
provided on the Board’s Web site
located at https://www.stb.gov/stb/
foia.html; or
(2) The Office of Government
Information Services (OGIS) by mail to
Office of Government Information
Services, National Archives and Records
Administration, 8601 Adelphi Road—
OGIS, College Park, Maryland, 20740–
6001, by facsimile at (202) 741–5769, or
by Email at ogis@nara.gov.
(15) No fees will be assessed if the
FOIA Officer fails to comply with any
time limit under the FOIA or these
regulations, and has not timely notified
the requester, in writing, that an
unusual circumstance exists. If an
unusual circumstance exists, and
timely, written notice is given to the
requester, the failure to meet the time
limit may be excused an additional 10
working days before fees are
automatically waived under this
paragraph (g)(15).
(16) If the FOIA Officer determines
that unusual circumstances apply and
more than 5,000 pages are necessary to
respond to a request, fees may be
charged if timely, written notice to the
requester is provided and discussed
with the requester via mail, Email, or
telephone (or if at least three good-faith
attempts are made to do so) regarding
how the requester could effectively limit
the scope of the request.
(17) If a court has determined that
exceptional circumstances exist, a
failure to comply with time limits
imposed by these regulations or FOIA
shall be excused for the length of time
provided by court order.
(18) Fees may not be avoided by filing
multiple requests at the same time.
When the FOIA Officer reasonably
believes that a requester, alone or with
others, is breaking down one request
into a series of requests to avoid fees,
the requests will be combined, and the
requester or requesters will be charged
accordingly.
*
*
*
*
*
[FR Doc. 2016–30183 Filed 12–14–16; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 141107936–5399–02]
PART 1002—FEES
RIN 0648–XF081
3. Revise the authority citation for part
1002 to read as follows:
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2016
Commercial Accountability Measure
and Closure for South Atlantic Gray
Triggerfish; July through December
Season
■
rmajette on DSK2TPTVN1PROD with RULES
Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B),
and 553; 31 U.S.C. 9701; and 49 U.S.C. 1321.
Section 1002.1(g)(11) is also issued under 5
U.S.C. 5514 and 31 U.S.C. 3717.
4. Amend § 1002.1 by adding
paragraphs (g)(15), (16), (17) and (18) to
read as follows:
■
§ 1002.1 Fees for records search, review,
copying, certification, and related services.
*
*
*
(g) * * *
VerDate Sep<11>2014
*
*
14:00 Dec 14, 2016
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures for commercial
SUMMARY:
Jkt 241001
PO 00000
Frm 00077
Fmt 4700
Sfmt 4700
90751
gray triggerfish in the exclusive
economic zone (EEZ) of the South
Atlantic. NMFS projects commercial
landings for gray triggerfish will reach
the commercial annual catch limit
(ACL) (commercial quota) for the period
July through December by December 16,
2016. Therefore, NMFS is closing the
commercial sector for gray triggerfish in
the South Atlantic EEZ on December 16,
2016. This closure is necessary to
protect the gray triggerfish resource.
DATES: This rule is effective 12:01 a.m.,
local time, December 16, 2016, until
January 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes gray triggerfish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The final rule implementing
Amendment 29 to the FMP divided the
commercial ACL (commercial quota) for
gray triggerfish in the South Atlantic
into two 6-month commercial fishing
seasons and allocated 50 percent of the
total commercial quota of 312,324 lb
(141,668 kg), round weight, to each
fishing season, January 1 through June
30, and July 1 through December 31 (80
FR 30947, June 1, 2015), as specified in
50 CFR 622.190(a)(8). As a result, the
commercial quota is divided into two
equal seasonal quotas of 156,162 lb
(70,834 kg), round weight.
The commercial sector for gray
triggerfish closed on April 2, 2016, as
landing reports indicated the January
through June commercial quota would
be met by that date. However, as of May
5, 2016, only 83 percent of the
commercial quota was caught, and
NMFS subsequently reopened the
January through June commercial
fishing season on June 13, 2016. The
2016 July through December quota
includes 16,016 lb (7265 kg), round
weight, that was not harvested during
the January through June fishing season.
As set forth in 50 CFR 622.190(a)(8)(iii),
the unused portion of the January
through June quota was added to the
July through December quota, for a
seasonal quota of 172,178 lb (78,099 kg),
round weight.
E:\FR\FM\15DER1.SGM
15DER1
90752
Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations
rmajette on DSK2TPTVN1PROD with RULES
Under 50 CFR 622.193(q)(1)(i), NMFS
is required to close the commercial
sector for gray triggerfish when the
commercial quota specified in
§ 622.190(a)(8)(i) or (ii) is reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. NMFS has
determined that the commercial quota
for South Atlantic gray triggerfish will
be reached by December 16, 2016.
Accordingly, the commercial sector for
South Atlantic gray triggerfish is closed
effective 12:01 a.m., local time,
December 16, 2016, until the start of the
next commercial fishing season on
January 1, 2017.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having gray
triggerfish onboard must have landed
and bartered, traded, or sold such gray
triggerfish prior to 12:01 a.m., local
time, December 16, 2016. During the
closure, the bag limit specified in 50
CFR 622.187(b)(8), and the possession
limits specified in 50 CFR 622.187(c),
apply to all harvest or possession of gray
triggerfish in or from the South Atlantic
EEZ. Also, during the closure, the sale
or purchase of gray triggerfish taken
from the South Atlantic EEZ is
prohibited. The prohibition on the sale
or purchase does not apply to gray
triggerfish that were harvested, landed
ashore, and sold prior to 12:01 a.m.,
local time, December 16, 2016, and were
VerDate Sep<11>2014
14:00 Dec 14, 2016
Jkt 241001
held in cold storage by a dealer or
processor.
For a person onboard a vessel for
which a Federal commercial or charter
vessel/headboat permit for the South
Atlantic snapper-grouper fishery has
been issued, the bag and possession
limits and sale and purchase
prohibitions applicable after the
commercial quota closure for gray
triggerfish apply regardless of whether
the fish are harvested in state or Federal
waters, as specified in 50 CFR
622.193(q)(1)(i).
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of gray triggerfish and the
South Atlantic snapper-grouper fishery
and is consistent with the MagnusonStevens Act and other applicable laws.
This action is taken under 50 CFR
622.193(q)(1)(i) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
NOAA Assistant Administrator for
Fisheries (AA), finds that the need to
immediately implement this action to
close the commercial sector for gray
PO 00000
Frm 00078
Fmt 4700
Sfmt 9990
triggerfish constitutes good cause to
waive the requirements to provide prior
notice and opportunity for public
comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B), as such
procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rule implementing Amendment 29,
which established the split commercial
seasons with split quota for gray
triggerfish, and the accountability
measures have already been subject to
notice and comment, and all that
remains is to notify the public of the
closure. Such procedures are contrary to
the public interest because of the need
to immediately implement this action to
protect gray triggerfish since the
capacity of the fishing fleet allows for
rapid harvest of the commercial quota.
Prior notice and opportunity for public
comment would require time and could
potentially result in a harvest well in
excess of the established commercial
quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–30137 Filed 12–12–16; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\15DER1.SGM
15DER1
]]>Agencies
[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Rules and Regulations]
[Pages 90751-90752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30137]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 141107936-5399-02]
RIN 0648-XF081
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2016 Commercial Accountability Measure and Closure for South Atlantic
Gray Triggerfish; July through December Season
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures for commercial gray
triggerfish in the exclusive economic zone (EEZ) of the South Atlantic.
NMFS projects commercial landings for gray triggerfish will reach the
commercial annual catch limit (ACL) (commercial quota) for the period
July through December by December 16, 2016. Therefore, NMFS is closing
the commercial sector for gray triggerfish in the South Atlantic EEZ on
December 16, 2016. This closure is necessary to protect the gray
triggerfish resource.
DATES: This rule is effective 12:01 a.m., local time, December 16,
2016, until January 1, 2017.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes gray triggerfish and is managed under the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared by the South Atlantic Fishery
Management Council and is implemented by NMFS under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
The final rule implementing Amendment 29 to the FMP divided the
commercial ACL (commercial quota) for gray triggerfish in the South
Atlantic into two 6-month commercial fishing seasons and allocated 50
percent of the total commercial quota of 312,324 lb (141,668 kg), round
weight, to each fishing season, January 1 through June 30, and July 1
through December 31 (80 FR 30947, June 1, 2015), as specified in 50 CFR
622.190(a)(8). As a result, the commercial quota is divided into two
equal seasonal quotas of 156,162 lb (70,834 kg), round weight.
The commercial sector for gray triggerfish closed on April 2, 2016,
as landing reports indicated the January through June commercial quota
would be met by that date. However, as of May 5, 2016, only 83 percent
of the commercial quota was caught, and NMFS subsequently reopened the
January through June commercial fishing season on June 13, 2016. The
2016 July through December quota includes 16,016 lb (7265 kg), round
weight, that was not harvested during the January through June fishing
season. As set forth in 50 CFR 622.190(a)(8)(iii), the unused portion
of the January through June quota was added to the July through
December quota, for a seasonal quota of 172,178 lb (78,099 kg), round
weight.
[[Page 90752]]
Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the
commercial sector for gray triggerfish when the commercial quota
specified in Sec. 622.190(a)(8)(i) or (ii) is reached, or is projected
to be reached, by filing a notification to that effect with the Office
of the Federal Register. NMFS has determined that the commercial quota
for South Atlantic gray triggerfish will be reached by December 16,
2016. Accordingly, the commercial sector for South Atlantic gray
triggerfish is closed effective 12:01 a.m., local time, December 16,
2016, until the start of the next commercial fishing season on January
1, 2017.
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper having gray triggerfish onboard must
have landed and bartered, traded, or sold such gray triggerfish prior
to 12:01 a.m., local time, December 16, 2016. During the closure, the
bag limit specified in 50 CFR 622.187(b)(8), and the possession limits
specified in 50 CFR 622.187(c), apply to all harvest or possession of
gray triggerfish in or from the South Atlantic EEZ. Also, during the
closure, the sale or purchase of gray triggerfish taken from the South
Atlantic EEZ is prohibited. The prohibition on the sale or purchase
does not apply to gray triggerfish that were harvested, landed ashore,
and sold prior to 12:01 a.m., local time, December 16, 2016, and were
held in cold storage by a dealer or processor.
For a person onboard a vessel for which a Federal commercial or
charter vessel/headboat permit for the South Atlantic snapper-grouper
fishery has been issued, the bag and possession limits and sale and
purchase prohibitions applicable after the commercial quota closure for
gray triggerfish apply regardless of whether the fish are harvested in
state or Federal waters, as specified in 50 CFR 622.193(q)(1)(i).
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
gray triggerfish and the South Atlantic snapper-grouper fishery and is
consistent with the Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.193(q)(1)(i) and is exempt
from review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act because the temporary rule is issued without
opportunity for prior notice and comment.
This action responds to the best scientific information available.
The NOAA Assistant Administrator for Fisheries (AA), finds that the
need to immediately implement this action to close the commercial
sector for gray triggerfish constitutes good cause to waive the
requirements to provide prior notice and opportunity for public comment
pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such
procedures are unnecessary and contrary to the public interest. Such
procedures are unnecessary because the rule implementing Amendment 29,
which established the split commercial seasons with split quota for
gray triggerfish, and the accountability measures have already been
subject to notice and comment, and all that remains is to notify the
public of the closure. Such procedures are contrary to the public
interest because of the need to immediately implement this action to
protect gray triggerfish since the capacity of the fishing fleet allows
for rapid harvest of the commercial quota. Prior notice and opportunity
for public comment would require time and could potentially result in a
harvest well in excess of the established commercial quota.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action under 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-30137 Filed 12-12-16; 4:15 pm]
BILLING CODE 3510-22-P
